Posted on February 05,2016 in Identity Theft

The fraudulent use of credit cards and bank accounts is as old as credit cards and bank accounts. However, the rise of internet connectivity has made identity theft crimes even more common. Illinois recognizes several different types of identity-related white collar crimes.

Types of Identity Theft Crimes

There are four major types of crimes related to stealing another person's identity in Illinois:

1. Identity theft
2. Aggravated identity theft
3. Transmission of personal identifying information
4. Facilitating identity theft

The basic crime of identity theft is using someone else’s credit cards, bank account, or personal documents to obtain money, credit, goods or services. If you use someone else’s information to commit another felony, it is also considered identity theft.

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 Posted on January 24,2016 in Uncategorized

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 Posted on January 20,2016 in Traffic Law

The U.S. Constitution gives all of us a number of rights that we tend to take for granted. One of the most important rights is the right to be free from unreasonable searches and seizures. This means that law enforcement has to have a reason before they stop you in your car.

Legal Requirements to Make a Traffic Stop

A law enforcement officer must have a reason for pulling you over. The law requires that the police have probable cause to believe that you have violated the law. Probable cause means the police have to have more of a reason than past experience or a gut feeling when pulling someone over.

The police can pull you over for a minor traffic violation. If, after speaking with you, they discover evidence of more serious criminal activity, they can investigate further.

When the police do not have a legitimate reason for making a traffic stop it is called a pretext stop.

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 Posted on January 13,2016 in Cook County criminal attorney

The laws against public indecency cover a wide range of individual offenses, including sexual offenses as well as incidences of public exposure. While these types of crimes are very common, they still carry serious consequences for anyone charged, sometimes the effects of which can last for a very long time as a person may be added to the national or state registry of sexual offenders, affecting a person’s ability to find work, live in certain neighborhoods, or work in a job where children may be present.

In Illinois, public indecency is defined as (including but not limited to):

• A public act of sexual penetration or sexual conduct; or
• A lewd exposure (ie: flashing, public masturbation) done with the intent to arouse sexual desire in the victim.

The state legislature specifically calls out that in no situation will breast-feeding in public be considered an act of public indecency. A public place in this instance means anywhere that another person could witness or be present. It does not have to be a crowded public space: If a person exposes himself, for example, on a private street as only one other person is walking by, he or she could still be charged with public indecency. Another common type of citation for public indecency can include public urination—if, for instance, a person is out drinking and relieves himself on the street, he can be charged. This seemingly innocuous act could then stay on his record forever.

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 Posted on January 06,2016 in Criminal Defense

Sometimes, instead of being sent to jail after a criminal conviction, you may be sentenced to probation. As part of the sentence, you are given certain conditions. If your probation officer determines that you violated your probation, you can be arrested and sent back to court.

Types of Violations

The conditions of probation vary for different crimes and the circumstances of your individual case and criminal history. Some typical examples of probation conditions include:

• Do not commit new crimes;
• Report to your probation officer on a regular schedule;
• Take and pass drug tests;
• Make payments of fines and restitution;
• Do not leave the state without prior approval;
• Do not have any contact with the victim of the crime of which you were convicted; and
• Get and hold a job.

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 Posted on December 29,2015 in Uncategorized

DraftKings, Illinois agree to expedited schedule in fantasy sports lawsuit

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 Posted on December 29,2015 in Uncategorized

Feds to help Waukegan police repair strained relations with community

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 Posted on December 29,2015 in Underage Drinking

For several years, the state of Illinois has granted immunity from criminal prosecution to individuals who call 911 for another person in danger of overdosing on heroin or other dangerous drugs. Lawmakers and proponents of so-called “Good Samaritan” laws believe that by offering immunity, a person with the ability to take action and save a life is more likely to do so if they are not in fear of criminal repercussions. Earlier this year, the Illinois legislature took the concept a step further, approving a measure that would offer similar protections to underage drinkers seeking emergency medical assistance.

Responding to the Dangers

The new law, set to take effect January 1, 2016, was signed by Governor Bruce Rauner in late August. Supporters of the bill believe that those in a position to help are often paralyzed by the thought of getting in trouble with the law themselves. House sponsor Rep. Scott Drury, D-Highwood cited a particular example from within his district. “People were reluctant to call for help, but someone did,” he said. “And then both the teenager and the friend who called ended up getting citation for the situation.” Similar amnesty laws have been put into place in various places around the country, including many college campuses, and surveys indicate they are having desired effect.

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 Posted on December 28,2015 in Uncategorized

Calls raise doubts on whether police knew of mental issues before fatal shooting

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 Posted on December 17,2015 in Traffic Law

Everyone gets speeding tickets once in a while. There are myriad of reasons for it—and while it sometimes may be possible to “talk yourself out of a ticket” with Illinois police officers, if you are pulled over for aggravated speeding, the chance of getting a ticket, and a hefty one, increases exponentially. While a normal speeding ticket may only result in supervision as a sentencing option, if the speed at which you were driving can be categorized as aggravated speeding, Illinois state law allows for a misdemeanor conviction. This is true whether you are found guilty in court or whether you enter a guilty plea for the speeding offense.

So what classifies as aggravated speeding in Illinois? If you are found to be going more than 26 miles over the posted speed limit—regardless of the reason, even if it is a qualifiable emergency—you are subject to an aggravated speeding charge. This charge will stay on your driving record for up to seven years.

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